Hong Kong Case Law: Decisions & Judgments

Topic

Special damage

Legal area

Court

16 Jun 2021

PAC FUNG FEATHER CO LTD v. THE INCORPORATED OWNERS OF HOI LUEN INDUSTRIAL CENTRE AND ANOTHER

Citation

[2021] HKDC 590
Court

District Court
Case number

DCCJ1445/2013

Court held that the notices' gist—condemnation of Pac‑Fung for unlawful occupation, obstruction of fire escape and obstructive conduct—was substantially true; any overstatement of area was not a distinct sting that materially worsened reputation and thus justification succeeded (s26 DO). Publications were within qualified privilege and were not actuated by malice. Malicious falsehood failed for lack of pleaded/particularised probable pecuniary damage. No breach of duty by IO or personal liability of Huang established. Claim dismissed.
8 Sept 2017

CHANG WA SHAN v. ESTHER CHAN PUI KWAN AND ANOTHER

Citation

CHANG WA SHAN v. ESTHER CHAN PUI KWAN AND ANOTHER
Court

Court of Appeal
Case number

CACV240/2015

Majority held (1) the telephone communication identifying the plaintiff as provider of the Document was not on an occasion of absolute privilege; (2) the plaintiff established a defamatory innuendo (8A(c)) that he assisted in the unworthy challenge for personal gain; (3) malicious falsehood and section 23/24 thresholds were satisfied for business-related harm so special damage need not be proved for those statutory limbs, but (4) losses arising from republication on occasions covered by absolute privilege were not recoverable from the original publisher as a matter of policy and to preserve t…
13 Aug 2015

CHIU LUEN PUBLIC LIGHT BUS CO LTD v. PERSONS UNLAWFULLY OCCUPYING OR REMAINING ON THE PUBLIC HIGHWAY NAMELY, THE WESTBOUND CARRIAGEWAY OF ARGYLE STREET BETWEEN THE JUNCTION OF TUNG CHOI STREET AND PORTLAND STREET AND/OR OTHER PERSONS HINDERING OR PREVENTING THE PASSING OR REPASSING OF ARGYLE STREET AND OTHERS

Citation

CHIU LUEN PUBLIC LIGHT BUS CO LTD v. PERSONS UNLAWFULLY OCCUPYING OR REMAINING ON THE PUBLIC HIGHWAY NAMELY, THE WESTBOUND CARRIAGEWAY OF ARGYLE STREET BETWEEN THE JUNCTION OF TUNG CHOI STREET AND PORTLAND STREET AND/OR OTHER PERSONS HINDERING OR PREVENTING THE PASSING OR REPASSING OF ARGYLE STREET AND OTHERS
Court

Court of First Instance
Case number

HCA2086/2014

The court exercised its wide discretion under the CJR framework and held that, on the facts, the fair and just order was that the plaintiffs' costs of the application to continue the interlocutory injunction be in the cause because the defendants' resistance was not improper given the arguable and non‑straightforward question of the plaintiffs' title to sue (special damage), and because the plaintiffs ultimately succeeded on continuation and the balance of convenience overwhelmingly favoured injunctive relief; the costs order nisi was varied accordingly, while the defendants were awarded cost…
13 Aug 2015

LAI HOI PING AND ANOTHER v. PERSONS OCCUPYING PORTIONS OF NATHAN ROAD NEAR TO AND BETWEEN ARGYLE STREET AND DUNDAS STREET TO PREVENT OR OBSTRUCT NORMAL VEHICULAR TRAFFIC FROM PASSING AND REPASSING THE OCCUPIED AREAS AND OTHERS

Citation

LAI HOI PING AND ANOTHER v. PERSONS OCCUPYING PORTIONS OF NATHAN ROAD NEAR TO AND BETWEEN ARGYLE STREET AND DUNDAS STREET TO PREVENT OR OBSTRUCT NORMAL VEHICULAR TRAFFIC FROM PASSING AND REPASSING THE OCCUPIED AREAS AND OTHERS
Court

Court of First Instance
Case number

HCA2104/2014

The court exercised its discretionary powers under CJR and Order 62 to vary the costs order nisi: because the defendants' resistance to continuation was not improper and issues of plaintiffs' title to sue were legally arguable, but also because the balance of convenience and other findings favored plaintiffs on the continuation application, the fair and just order is that the plaintiffs' costs of the continuation applications be in the cause; additionally, the defendants succeeded in their variation summonses and are awarded the costs of those variation applications, to be taxed if not agreed…
27 Nov 2014

LAI HOI PING AND ANOTHER v. PERSONS OCCUPYING PORTIONS OF NATHAN ROAD NEAR TO AND BETWEEN ARGYLE STREET AND DUNDAS STREET TO PREVENT OR OBSTRUCT NORMAL VEHICULAR TRAFFIC FROM PASSING AND REPASSING THE OCCUPIED AREAS AND OTHERS

Citation

LAI HOI PING AND ANOTHER v. PERSONS OCCUPYING PORTIONS OF NATHAN ROAD NEAR TO AND BETWEEN ARGYLE STREET AND DUNDAS STREET TO PREVENT OR OBSTRUCT NORMAL VEHICULAR TRAFFIC FROM PASSING AND REPASSING THE OCCUPIED AREAS AND OTHERS
Court

Court of First Instance
Case number

HCMP3090/2014

Leave to appeal was refused because the application was totally without merit: representative proceedings are permissible in public nuisance where some members can show special damage; the judge had jurisdiction and was obliged to amend an imprecise interlocutory injunction to ensure clarity and justice, particularly where an undertaking prevented execution and no prejudice arose; therefore the amendment of the order was lawful and leave to appeal was denied.
30 Mar 1977

LEE TING AND ANOTHER v. WEI SAU HUNG

Citation

LEE TING AND ANOTHER v. WEI SAU HUNG
Court

District Court
Case number

DCCJ301/1976

Order 19 of the Rules of Supreme Court applies to District Court proceedings where not expressly excluded; on the pleadings and evidence the 2nd Plaintiff (wife) can recover general damages under s.21 without special damage but the 1st Plaintiff (husband) could not because special damage was not pleaded; damages for the 2nd Plaintiff were assessed at HK$3,000; injunction refused; costs awarded to 2nd Plaintiff on lower scale with counsel certificate; action by 1st Plaintiff left open to amend.

Hong Kong Case Law

PAC FUNG FEATHER CO LTD v. THE INCORPORATED OWNERS OF HOI LUEN INDUSTRIAL CENTRE AND ANOTHER

CHANG WA SHAN v. ESTHER CHAN PUI KWAN AND ANOTHER

LAI HOI PING AND ANOTHER v. PERSONS OCCUPYING PORTIONS OF NATHAN ROAD NEAR TO AND BETWEEN ARGYLE STREET AND DUNDAS STREET TO PREVENT OR OBSTRUCT NORMAL VEHICULAR TRAFFIC FROM PASSING AND REPASSING THE OCCUPIED AREAS AND OTHERS

LAI HOI PING AND ANOTHER v. PERSONS OCCUPYING PORTIONS OF NATHAN ROAD NEAR TO AND BETWEEN ARGYLE STREET AND DUNDAS STREET TO PREVENT OR OBSTRUCT NORMAL VEHICULAR TRAFFIC FROM PASSING AND REPASSING THE OCCUPIED AREAS AND OTHERS

LEE TING AND ANOTHER v. WEI SAU HUNG